Kuwait Court of Cassation principle number 4008

The creditor causing, through his fault, the loss of any security to which the surety may be subrogated and on which he relied in guaranteeing the debtor. The surety may invoke his discharge to the extent of the guarantees lost, whether jointly and severally liable or - 784 - Ownership not jointly and severally liable. The condition: the creditor must have committed a fault resulting in impairment of the security. The surety must prove that he suffered damage from the creditor's act and the amount of that damage. Example.